26B-2-401. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

As used in this part:

(1)"Capacity limit" means the maximum number of qualifying children that a regulated provider may care for at any given time, in accordance with rules made by the department.

(a)"Center based child care" means child care provided in a facility or program that is not the home of the provider.

(b)"Center based child care" does not include:

(i)residential child care; or

(ii)care provided in a facility or program exempt under Section 26B-2-405 .

(3)"Certified provider" means a person who holds a certificate from the department under Section 26B-2-404 .

(4)"Child care" means continuous care and supervision of a qualifying child, that is:

(a)in lieu of care ordinarily provided by a parent in the parent's home;

(b)for less than 24 hours a day; and

(c)for direct or indirect compensation.

(5)"Child care program" means a child care facility or program operated by a regulated provider.

(6)"Exempt provider" means a person who provides care described in Subsection 26B-2-405(2) .

(7)"Licensed provider" means a person who holds a license from the department under Section 26B-2-403 .

(8)"Licensing committee" means the Child Care Provider Licensing Committee created in Section 26B-1-204 .

(9)"Public school" means:

(a)a school, including a charter school, that:

(i)is directly funded at public expense; and

(ii)provides education to qualifying children for any grade from first grade through twelfth grade; or

(b)a school, including a charter school, that provides:

(i)preschool or kindergarten to qualifying children, regardless of whether the preschool or kindergarten is funded at public expense; and

(ii)education to qualifying children for any grade from first grade through twelfth grade, if each grade, from first grade to twelfth grade, that is provided at the school, is directly funded at public expense.

(10)"Qualifying child" means an individual who is:

(i)under the age of 13 years old; or

(ii)under the age of 18 years old, if the person has a disability; and

(b)a child of:

(i)a person other than the person providing care to the child;

(ii)a regulated provider, if the child is under the age of four; or

(iii)an employee or owner of a licensed child care center, if the child is under the age of four.

(11)"Regulated provider" means a licensed provider or certified provider.

(12)"Residential child care" means child care provided in the home of the provider.

Amended by Chapter 249 , 2023 General Session

Renumbered and Amended by Chapter 305 , 2023 General Session